Eminent Domain and The "Migrating" Hordes
Iconoclast
Originally published in the June 26, 2005 issue of the Alamance
Independent
Eminent Domain and The "Migrating" Hordes
By Mark Andrew Dwyer - 7/2/05
Eminent domain (from Latin dominium eminens meaning: supreme lordship) is
the power of the state to appropriate private property for its own use
without the owner's consent [Wikipedia]. It gives the state, and -
therefore - whoever controls it, powerful, and in some countries, draconian
means to redistribute private wealth among, supposedly, all members of the
community or society. Although in the U.S. the exercise of eminent domain is
restricted by prohibition in Fifth Amendment that "private property be taken
for public use, without just compensation," the recent ruling of the Supreme
Court of the United States (see Footnote) creates a reasonable doubt about
the extent to which such a restriction can withstand pre-emptive pressure
mounted by eminent domain's prospective beneficiaries.
This doubt is particularly disturbing in today's America that has been a
target of million man invasion of foreign (mostly, Mexican) have-nots, often
referred to as "migrants," who due to their sheer numbers and exorbitant
fertility rates may soon gain enough political clout to force use of eminent
domain as a vehicle of involuntary transfer of property from wealthy
Americans to the "migrating" hordes (in order to "improve their lives," as
they say). If the present "migratory" trends continue, particularly if the
taxation remains at the current levels, condemnations of private property
for public housing and infrastructure that are needed to properly
accommodate poor "migrants" and their countless kids may become a political
necessity that no federal judge can resist. And since the term "just
compensation" of the language of Fifth Amendment is equally vulnerable to
court's capricious interpretation as "public use" has been, don't hold your
breath if you expect to get a fair market value for your home that your city
council decided to turn into an apartment complex for four families of
"migrants" (and additional relatives from abroad that may wish to be
"reunited" with these families).
Take, for instance, Los Angeles, not much more than just a cow town with
population of few thousand in the middle of 19th century, and a megapolis
inhabited by almost 4 million people and the second (after Mexico City)
largest concentration of Mexicans on Earth today. US Census statistics show
that slightly less than 50% of L.A.'s population, or about 1.7 million, is
Hispanic (although some estimates suggest that there are as many as 2.7
millions Mexicans living in L.A.), some 1.3 million of whom have settled in
the city in the last 15 years. The proportion of Hispanic (mostly Mexican)
pupils in L.A. Unified School District reached the astounding 80% and is
indicative of future demographic composition of the City of Angels. With
poverty rates among Hispanic "migrants" and home prices soaring, it's not
difficult to predict the pressure that will build to redistribute private
real property among the dominating but poor Mexicans as their numbers grow.
And the City Council (guess, what ethnic group will have a majority of vote
there?), empowered to condemn a private property by the last week's decision
of the Supreme Court, will be the least likely body to not yield to that
pressure.
The above scenario is but one example of ways and means with which the
"migrating" hordes can redistribute Americans' wealth among themselves. In a
country that is so vulnerable to arbitrary interpretation of its
constitution by five judges with political agendas of their own and ruled by
a majority of vote (for which a proof of citizenship is usually not
required), as the U.S. is, due enforcement of the border and immigration
laws is a necessary condition for meaningful protection of liberty and
property of its citizens. If the border and the immigration laws are not
fully enforced, the only way for Americans to survive the mass invasion of
poor but prolific "migrants," a hostile take-over if you will, and to keep
their "wealth" intact, would be to abandon birth control altogether, like so
many "migrants" do, and enter a spiral of exponential population growth.
This would resemble the nuclear weapon race that characterized the by-gone
Cold War era - a strategy that once was deemed losing for all parties
involved in the race.
Wouldn't it be much better to keep the invading hordes out? The eminent
domain law is one of the many reasons for resounding "Yes" to this question.
It may well be the most important one.
FOOTNOTE. The term "public use" in the Fifth Amendment used to be narrowly
interpreted as projects of obviously public nature such as public roads or
schools, but not anymore. The 5-4 majority of the Supreme Court decided last
Thursday (June 23, 2005) in Susette Kelo et al. versus City of New London et
al. that a city can condemn (seize with just compensation, that is) a
private property for projects that, although not obviously public, would
increase city's tax revenues or boost employment. "As a result, cities now
have wide power to bulldoze residences for projects such as shopping malls
and hotel complexes in order to generate tax revenue" (quotation from
"Supreme Court Rules Cities May Seize Homes," by Hope Yen, The Washington
Post, June 23, 2005,
http://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062300783_pf.html )
. Although a vast majority of critics of the Court's ruling fear that, as a
result of that decision, wealthy entrepreneurs may be able to de facto evict
fixed income citizens from their homes now, I see the future Marxist-style
"social justice" as being more likely to use the ruling as a precedent. If
generating tax revenue or boosting employment is enough for condemnation why
would one expect that cheap housing for poor "migrant" workers and their
families is not? Just remember that out of five justices that were in favor
of the ruling, four (Ginsburg, Stevens, Breyer and Souter) concurred with Al
Gore in Florida recount controversy in 2000, and one (Kennedy) was a
notorious swing vote that often sided with the liberal faction of the Court.
tooly
In a nearby beachtown, city officials want to redevelop the boardwalk. IN
so doing, there has been an ongoing court battle to move out present owners
of business along that stretch of very very valuable beachfront property to
redevelop into a modern beachfront of hotels, condos, and attractions. Mind
you, whatever market value is set upon said properties as a static momentary
market condition cannot even come close to what possible 'future' revenue
such properties will generate to these owners, their families and
associates. These owners have been there for decades and had no intentions
of selling. Now of course, they will most likely be forced out LEGALLY.
Case Two.
A neighborhood of about 200 middle income homes is being saught after by a
local city for annexation. This neighborhood is in the county, under a more
lax county ordinance structure, under lower taxes, with homes existing on
well water and septic tanks etc. Part of the problem of annexation is that
owners will be forced to finance public water and sewer lines. Estimates
have ranged anywhere from $12,000 upwards to $25,000 per homeowner, to be
added to mortgages and paid over a ten year period. In this neighborhood,
there are retirees living on fixed retirement incomes that are already only
marginally getting them by. Annexation will undoubtedly force more than a
few people to 'move' [where, who knows as we all know real estate prices
have now gone through the roof] and it will severly diminish everyone's
lifestyle by tacking on about $200/mo or more to their mortgages
[conservative estimate]. Add to this monthly bills for water and sewer for
another $100/mo [estimate]. This has been a stable neighborhood with people
living here 30 years and more...very few move out once buying there. Every
time a vote has been carried out, over 90% if the homeowners in this
peaceful little neighborhood vote annexation down [to the chagrin of City
officials who continue to salivate over this small sect, arguing that it is
a manifest destiny that the neighborhood will be annexed, only a matter of
time].
This general area is notorious for Motorcycles. A one time 'gang', the
Outlaws, actually has its now very legal headquarters in this area; are
quite well financed, and are well represented by some high standing lawyers.
Not all motorcycle concerns in the area have such a notorious background,
but the motorcycle image and lifestyle is not necessarily conducive to
family lifestyles.
There is a general ongoing struggle for the 'soul' of this general area,
where certain developers would like to see more bars, saloons, strip tease,
and making an already general 'mecca' for motorcycles even more so. Other
officials want to keep the area more family oriented and 'peaceable' as to
noise and general image to the public.
The motorcycles are winning out however, as one developer is about to open
up a Disneyland-like attraction catering to Motorcycle enthusiasists; this
will entail hotels, attractions, cycle sales, and will extend an already
growing strip toward this mecca, that will in all intents and purposes,
destroy whatever 'family image' this area might have hoped to keep.
-------------
The neighborhood of about 200 homes who want nothing to do with annexation,
sits right on the 'edge' of this area now being developed as the Motorcycle
disneyland. It in fact, sits between a stretch of saloons, motobars, and
this new large cycler's mecca about to open.
It does not take a rocket scientist where this will all lead in time, now
that the supreme court has given legal right to cities like this one trying
to annex these otherwise peacable citizens for sake of higher revenues.
High powered developers like the one creating this motorcycle mecca will
only have to throw their weight around to convince an already adversarial
city council (to homeowners there) to somehow come up with a plan to simply
TAKE this neighborhood of over 200 homes. First, if developers were forced
to wait and buy out these homeowners, as was normal practice before the
Supreme Court ruling, developers would have to pay top dollar...and more.
This has buffered much of the demoralization of present homeowners, in that
they realized that compensations for property might be lucrative [if that
time should ever come they are forced to sell]. IN some way, this
represented a 'balance' things, where costs to developers kept their greed
intact and if land was that speculative, homeowners could at least be
treated 'fair' in the marketplace with higher prices.
But greasing a few palms here and there [these city officials are NOT of the
caliber of supreme court officials or I'd imagine even Pfizer consultants
and others; but your typical run of the mill 'low level' buearacratic
demogogues, who themselves were business owners [small usually], who now
carry big egos and little minds but carry a lot of weight locally].
Declaring eminent domain on this area would be a way to keep costs low to
developers who want to extend this motorcycle mecca; solve the annexing
problem that has been stonewalled by the owners...and create a new zone of
high revenue for the city. Never mind the rights of said owners nor the
'spirit' of the area being overrun by 'legally adept but spiritually
corrupt' developers.
---------------
But here's the real rub of all this. None of this has happened...YET.
But it stands over all owners like a new vulture of prey that has landed
upon one's tree, now perched looking down, waiting for the right moment to
strike.
Tim JOnes was going to put in a driveway this winter. Bob Harold on the
next block was putting in a new sprinkler system. Suzy Smith down the way
was putting money away to add a third bedroom...only a few hundred bucks
away from her target. [all fictional, but represent typical homeowners
simply going about the personal business of living; of having a few small
dreams of betterment as time goes].
These and all residents now have put these items and their lives on
hold...for they realize that what they thought was their HOME...safe and
sound and unassailable from all but the acts of God, is now in fact, NOT
theirs, but subject to government seizure. No...not the US government; the
highly trained noble thinking high integrity administrators trained in
places like STanford and Harvard, but government as represented by the few
business despots who have risen in the area to become the 'real' people
citizens must deal with for justice and fair treatment. There is an old
saying that is true as 'death and taxes', that one cannot beat city hall.
That's who the US supreme court empowered June 23rd. City Hall and these
low level city despots and their crony business assocations, such as this
Motorcycle mecca developer.
Does anyone doubt the profound corruption that exists on the lower rungs of
government power? It doesn't have to be illegal, but simply who has the
money; the legal clout; who can own the best lawyers. That will never be
Tim Jones, Bob Harold, or Suzy Smith. Many in that neighborhood are already
talking about moving out since that Supreme Court ruling; but lives have
been established here. Pulling up roots and making new lives elsewhere is
'cruel and inhumane', and immoral for the reasons now before us. Before,
homeowners were protected; now they are easy prey.
ON June 23rd, the supreme court not only sold New London homeowners down the
river, but also those 200 homeowners in this story, and those beachfront
owners, and who can say how many thousands upon thousands of citizens who
now sit with their lives at least a little more on hold, for fear of this
new buzzard of scavenger opportunity come to call, now empowered by our
own...hmmm...but then, I was going to say 'our own' government; except I
suppose such government that takes away our freedom and security is no
longer 'our own'.
In time, can anyone doubt how deep city officials, developers, and corrupt
opportunists will take this new ruling to rape homeowners across the land?
Kitty
"Iconoclast" <Icono...@tiscali.co.za> wrote in message
news:s72dnRv9Gv-...@comcast.com...
and thusly, you have given a pretty good interpretation of SOCIALISM. They
must be stopped.
Kitty
Iconoclast
"tooly" <rd...@bellsouth.net> wrote in message
news:Pm8ye.31858$qm.2...@bignews5.bellsouth.net...
Wow! What an excellent post. When I read stuff like this, I realize why
Thomas Jefferson argued that the common American held much more wisdom and
common sense than any government bureaucrat and even most elected officials.
Your description of the civil servant and local officials mirrors, in many
respects, the image often portrayed of those petty tyrants by writers such
as Dostoevsky and Kafka. Norman Mailers's "Naked and the Dead" comes to
mind in its description of when one man has absolute power over another.
You cover many bases, Tooly. I am reminded of when Boulder built the "Mall"
on Pearl Street and created an artificial zone, if you will, where the city
put a tax on top of the already high property tax to force homeowners in the
older downtown area to pay for converting the downtown into a pedestrian
mall. Some older couples on fixed incomes were forced to move and the
realtors went into vulture-mode, knowing that these people were desperate to
sell and offered them substantially less for their homes than they would
have gotten if they could have waited a few years to sell.
On the eastern plains, a private developer has been given eminent domain to
build a huge super toll road from the Wyoming border to Pueblo. The
investors are secret, of course, and the appearances are that the State
Assembly was bought off to vote for the highway. For those who have eyes to
see, it is being built as part of CAFTA and will connect to the super slab
in Texas and provide a corridor from Panama to Canada. Oh well, check out
this URL for what will be lost. The homeowners and ranchers feel like the
white commercial farmers in Zimbabwe -- having to watch as their ranches are
seized by party thugs -- places that have been in families for generations
and people have invested their lives in.
http://www.hostagesofthecorridor.net/
Iconoclast
"Kitty" <cowg...@comcast.net> wrote in message
news:8r2dnX8h9vt...@comcast.com...
I would call it communism. Yes, it must be stopped. Have a good 4th,
Kitty.
Iconoclast
Juan
SOCIALISM. They
must be stopped. >>
Christ Almighty, you idiots don't even have a clue as to what socialism
and communism mean. Come back when you have some understanding.
And the idiot that wrote that article, this "Tooly" fuckup ... someone
tell him or her that "Motorcycles" (sic) shouldn't be capitalized. You
suffer from Charlie Bash Syndrome and that has to be stamped out before
it travels further.
Without even knowing the history of New London and this motorcycling
community (except to know that New London is cold and is full of
idiots, which it sounds like Tooly is one of them) it sounds like
someone is wanting to build one of those huge, new Harley-Davidson
stores. H-D is about as American as they come, or don't you traitors
believe in supporting Americans? Anyway, if that's the case, there's
no connection between the Outlaws and a local H-D dealership. They are
pretty much at the opposite extremes economically. But you clueless
racist turds wouldn't know that, now would you?
Christ, 99% of the people that post here are so fucking stupid!
tooly
> to build a huge super toll road from the Wyoming border to Pueblo. The
> investors are secret, of course, and the appearances are that the State
> Assembly was bought off to vote for the highway. For those who have eyes
> to see, it is being built as part of CAFTA and will connect to the super
> slab in Texas and provide a corridor from Panama to Canada. Oh well,
> check out this URL for what will be lost. The homeowners and ranchers
> feel like the white commercial farmers in Zimbabwe -- having to watch as
> their ranches are seized by party thugs -- places that have been in
> families for generations and people have invested their lives in.
>
> http://www.hostagesofthecorridor.net/
>
>
>
These are great pics at the link. One can see that these are homes that
have taken many years of hard work to build up. Reminds me of my own
family's roots, where the old country farmhouse is actually more a heirloom
than just land and housing structures. I don't know where this crazy
thinking is coming from in our government [about eminent domain], but we
have deteriated to levels so shallow now, we are all in jeopardy. Life is
about incentives. Ownership is what drives productivity...and ultimately
that damn tax revenue these government idiots are now contemplating...right?
Hell, ruling like the one on June 23rd can only kill incentive [much of the
point of my original post].
Tax revenue is NOT a public good...and to define it as such is profoundly
socialist but more...actually some sort of bastardization between corrupt
capitalism and government gone haywire [acting in it's own interest and not
the citizenry etc]. I still argue it is 'corporatism' behind it all, that
has become a monster; that now uses social welfare as a new arguement for
it's obsession to consume the environment in the name of profit. That
private toll road is one example perhaps. Wow, all those beautiful
homesites, farms, lives...being usurped by a toll road. Well, good to know
the government has their priorities straight [sic...NOT!]. Damn it really
gets a person boiling over...and give one certain MORAL VINDICATION to
defend what is right. I am certain we are feeling the exact same MORAL
VINDICATION as our forebears felt when fighting a King George III to give
birth to this nation. Tyranny...no other way to put it; we are seeing
Tyranny raise it's ugly head once again on these shores in a plain,
recognizable way for all to see. Freedom is being assaulted.
Government just becomes the useful idiot of these corporations, lobbied and
influenced to support greed that has no moral bounds [now in the name of tax
revenue of all things...sheese!!!]. Crap. Time might be drawing close for
new upheaval...revolt or whatever. I predict when oil gets to $100 a barrel
[about +$5 a gallon of gas], economic stability that has been saving us from
social movement will no longer work; and our frustrations will begin to move
us to act in some way.
Iconoclast
Excellent comments, Tooly. I'm glad you looked at the photos where the toll
road will go. Many of the people in the path of the toll road may resort to
arms to try and stop it.